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Paying Lowery "law group" what I can...NEED ADVICE HERE!

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I am dealing with Lowery "law group". I am wondering if I send them say, $10.00 a month explaing the intent to pay off debt and they accept it...can they still come after me? If so, do I show the Judge that I am trying to pay down this debt with what I can afford?




Although an agreement in writing is best, you can verbally make an agreement to pay them $10 a month and they can not sue you.

Are you from Colorado? I just want to see where you are at here and see if Lowery Law Group is licensed in your state if you are not from Colorado. Also if your state has debt collector licensing, That is an issue also.

One other thing we need to figure out is if your state is a one party state or a two party state. If it's a one party state then you can call them and record them without telling them. Ask them for a payment plan you can afford and get them to agree on it. Now you have the agreement on tape and they DO NOT have to know this.

So if you agreed on paying $10 a week and say 6 months go by and they try to sue you. You can place an Estoppel on them, remember you have the recorded agreement, and they cannot sue you and have to accept the $10 a week. Most likely you can turn around and counter-sue them and have the debt cleared up at the cost of them.

Sub: #1 posted on Sun, 12/21/2008 - 19:14

Unregistered


COOL! I am wondering if I sent them a certified letter stating this is all I can afford to clear up this debt along with a money order for $. Then if they cash the money order, I am wondering if that is them accepting it or not?!
Besides that, getting them to agree to anything over the phone is like pulling teeth! I am also in TX. THe letter I got from them is from OK or does that matter?

Sub: #2 posted on Mon, 12/22/2008 - 05:12

Unregistered


More details please Molly. Have they properly validated the debt?

Sub: #3 posted on Mon, 12/22/2008 - 05:26

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

exactly nascar.this is a rent-a-lawyer bottomfeeder.if you have an address,send them a DV letter.include the phrase.

all future calls to work and home will be recorded.

i wouldn't try to work anything until they validate this debt.

Sub: #4 posted on Mon, 12/22/2008 - 05:30

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15511 | Credits: 1357.03)

Well when was the last time you made a payment on this account? SOL is 4 years. Your in the best state ever in my opinion.

Send them this letter and format it to your needs do not sign it type your name is good enough.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,

Sub: #5 posted on Mon, 12/22/2008 - 05:51

Unregistered


Sept. 2008 was last payment. December I get a letter from their OK office stating if I don't send them the full amount, they will consider further collection!
If and when they validate my debt, do they need the original paperwork I signed from 2005? Plus, they only have 30 days correct... to get me this paper work? These CA tell my dad they don't have to validate after so many years! I told him about this website...so I'll see if he looked!
Plus, why is TX the best when it comes to debt? Any and all info is greatly appreciated!

Thanks....Molly

Sub: #6 posted on Mon, 12/22/2008 - 06:51

spud321 spud321

(Posts: 55 | Credits: 17.22)

they would need something from the original creditor with your signature on it.i do know that there really is no deadline for a CA to validate.just that all collection activity must cease until valdation is met.

Sub: #7 posted on Mon, 12/22/2008 - 06:58

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15511 | Credits: 1357.03)

Cause Texas is one of 5 states that even with a Judgment your wages cannot be garnished.

Sub: #8 posted on Mon, 12/22/2008 - 07:07

Unregistered


They do have 30 days to respond per Chapter 392 of the TFC. Make sure you mention it in your DV:

Sub: #9 posted on Mon, 12/22/2008 - 07:46

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

Also, I always add in their bond info from the TX SOS website:

Sub: #10 posted on Mon, 12/22/2008 - 07:49

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

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